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Rajasthan High Court - Jodhpur
Sunil Kumar vs State Of Rajasthan (2025:Rj-Jd:54093) on 16 December, 2025
[2025:RJ-JD:54093]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13328/2025
Sunil Kumar S/o Balveer Singh, Aged About 38 Years, Resident
Of Vill. - Gagour, P.s - Rajgarh, District - Churu Rajasthan. (At
Present Lodged In Sub Jail, Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Dr. Rohit Kaswan
For Respondent(s) : Mr. Surendra Bishnoi, PP
Mr. Bhanu Pratap Prajapat
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
16/12/2025
The instant application for bail under Section 483 of BNSS
(439 of Cr.P.C.) has been filed by petitioner who has been arrested
in the present matter. The requisite details of the matter are
tabulated herein below:
S. No. Particulars of the case
2. Police Station Taranagar
3. District Churu
4. Offences alleged in the FIR Sections 64(1) & 140(3) of
BNS
5. Offences added, if any Section 87 of BNS
Learned counsel for the petitioner submitted that allegation
against present petitioner is false and fabricated. It is further
submitted that an identical set of allegations were earlier levelled
against the petitioner by the same victim on 10.02.2020. At that
time, the victim was a minor, and charges under POCSO Act were
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framed against the petitioner. However, after a detailed
examination and proper appreciation of the evidence and material
available on record during trial, the petitioner was acquitted vide
order dated 02.09.2023 passed by learned Special Judge,
Protection Of Children from Sexual Offences Act Cases, Churu in
Session Case No.31/2020. It is submitted that after a lapse of
approximately one and a half years from the said acquittal, the
victim has once again registered the present FIR against the
petitioner on the very same set of allegations that had already
been adjudicated upon. Furthermore, the statement of the victim
(P.W.-1) has already been recorded, and there exists no possibility
or apprehension of the petitioner tampering with the prosecution
witnesses. Moreover, challan has been filed and petitioner has
been in custody since 24.01.2025 and trial of case will take
sufficiently long time, therefore, benefit of bail may be granted to
accused-petitioner.
Per contra, learned Public Prosecutor, along with learned
counsel appearing for the complainant, have vehemently opposed
present bail application. Learned counsel for complainant submits
that although the petitioner was acquitted in connection with
earlier set of allegations levelled against him, victim has preferred
an appeal against said judgment before the High Court, which is
presently pending adjudication. Learned Public Prosecutor and
learned counsel for complainant also submit that there are
criminal antecedents against the petitioner.
Having heard and considered the rival submissions, facts and
circumstances of the case as well as perused material available on
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record; considering the fact that statement of victim (P.W.-1) has
already been recorded and there appears to be no chance of the
petitioner tampering with the witnesses; challan has been filed
and petitioner has been in custody since 24.01.2025 and trial of
case will take sufficiently long time to conclude; without
expressing any opinion on merits/demerits of the case, this Court
is inclined to enlarge petitioner on bail.
Consequently, bail application under Section 483 of BNSS
(439 of Cr.P.C.) is allowed. It is ordered that accused-petitioner as
named in the cause title, arrested in connection with above
mentioned FIR, shall be released on bail, if not wanted in any
other case, provided he/she/they furnishes a personal bond of
Rs.50,000/- and two sureties of Rs.25,000/- each, to the
satisfaction of learned trial court, for his/her/their appearance
before that court on each & every date of hearing and whenever
called upon to do so till completion of the trial.
(MUKESH RAJPUROHIT),J
161-mSingh/-
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